Off The Beaten Path: An Affair To Retry

The North Carolina Court of Appeals concluded that the defendant in an alienation of affection and criminal conversation suit was denied notice of the trial and vacated the multi-million judgment that had resulted in the his absence.

Defendant’s counsel had withdrawn prior to trial

In the case sub judice, counsel for defendant listed the address on Beaten Path Road in Mooresville as the address he served defendant with notice of the motion to withdraw and hearing on that motion. However, nothing in the record indicates that defendant received that notice. Plaintiff argues that it was reasonable to rely on the address listed on the pleadings filed by defendant’s attorneys, and that defendant was under a continuing duty to keep opposing counsel informed of his correct address. However, assuming arguendo, that service at the Beaten Path Road address was proper, the record simply does not reflect that defendant was served with the order allowing defense counsel to withdraw, the Pre-Trial Order, calendar notice, or notice of trial at any address.

The facts before us do not indicate that defendant was negligent or inattentive to his case. This is a case where defendant never received proper notice of trial. This court concludes that a failure to provide proper notice violated defendant’s due process rights and entitles him to a new trial. 

The court recited the facts

Mrs. Sprinkle worked at defendant’s oral surgery practice in Mooresville, North Carolina, for seventeen years as a surgical assistant. Over a period of four years during her employment, defendant and Mrs. Sprinkle engaged in a romantic and sexual relationship.

In 2014, defendant initiated sexually explicit conversation with Mrs. Sprinkle and touched her bottom at work. As the affair progressed, defendant provided Mrs. Sprinkle with Adderall, a cell phone for communicating with him, and the two met at hotel rooms and his house on Lake Norman to have sexual intercourse. The affair came to a halt when another employee discovered a photograph on defendant’s phone of Mrs. Sprinkle participating in a sexual act with him. That photograph was eventually seen by Mrs. Sprinkle’s cousin. Mrs. Sprinkle then told her husband, plaintiff, about the affair. While plaintiff and Mrs. Sprinkle decided to reconcile, the affair resulted in Mrs. Sprinkle’s loss of employment, and plaintiff sought mental health treatment and incurred related expenses.

The Charlotte Observer reported on the decision. The Salisbury Post covered the verdict. (Mike Frisch)